On April 15, the Pennsylvania Constitution, Green and Libertarian Parties filed a brief in U.S. District Court in Constitution Party of Pennsylvania et al v Cortes, 09-cv-01691. The brief asks the Court to rule on the party’s complaints against the 15% registration membership test. The brief also asks the Court to rule on the party’s complaint that write-ins in many counties are never counted, and also that the state arbitrarily decides whether to canvass the write-ins (for example, in 2008, the state elections department reported the write-ins for Chuck Baldwin for President, but not the write-ins for Cynthia McKinney).
The Court had dismissed the case on April 1 without even deciding those issues.
The motion for reconsideration also asks the Court to rule on the constitutionality of the Pennsylvania practice of charging very large amounts of money when petitions are challenged and found insufficient. The Court’s April 1 order had also failed to decide that issue, saying the plaintiffs lack standing.
and the 21st Century Fascist States of America ………
They whom vote are not as important as they whom count the votes ………..
Uncle Joe (Stalin) would be so proud ……..
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If they are going to dismiss the complaint at least all of the points could be addressed.
It is possible that they may not — technically — have standing. That is a potentially messy and deeply nuanced issue that can very greatly.
15% seems higher then the 5% which seems to be the U.S.S.C. magical number when it comes to ballot access laws.
Their are lots of obvious ethical problems with allowing ballot access challenges from people who are a member or candidate for a political party competing with the party or candidate seeking ballot access.